By: Lucio S.B. No. 1520
A BILL TO BE ENTITLED
AN ACT
1-1 relating to amendment or modification of certain permits and
1-2 licenses issued by the Texas Natural Resource Conservation
1-3 Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 5, Water Code, is amended by adding
1-6 Subchapter J to read as follows:
1-7 SUBCHAPTER J. AMENDMENT OR MODIFICATION
1-8 OF PERMITS OR LICENSES
1-9 Sec. 5.401. AMENDMENT OR MODIFICATION GENERALLY. (a) The
1-10 commission may amend or modify a permit or license issued by the
1-11 commission.
1-12 (b) The commission by rule shall adopt reasonable procedures
1-13 to amend or modify a permit or license.
1-14 (c) Section 5.312 applies to a decision on an application to
1-15 amend a permit.
1-16 (d) This subchapter does not apply to an amendment to which
1-17 Section 11.122 applies.
1-18 Sec. 5.402. SOLID WASTE PERMITS. (a) This section applies
1-19 to a permit issued by the commission under Chapter 361, Health and
1-20 Safety Code.
1-21 (b) The procedures prescribed by Section 361.067, Health and
1-22 Safety Code, apply to an application to amend a permit.
1-23 (c) Before amending a permit, the commission:
2-1 (1) shall give notice and hold a public meeting as
2-2 provided by Section 361.0791, Health and Safety Code;
2-3 (2) shall provide the applicant and affected persons
2-4 an opportunity for a hearing; and
2-5 (3) may hold a hearing on its own motion.
2-6 (d) Unless otherwise provided by those sections, Sections
2-7 361.084, 361.085, 361.0871, 361.0885, 361.089, and 361.137, Health
2-8 and Safety Code, apply to an application to amend a permit.
2-9 (e) Unless otherwise provided by those sections, Sections
2-10 361.0791 and 361.137, Health and Safety Code, apply to modification
2-11 of a permit.
2-12 Sec. 5.403. AIR POLLUTION PERMITS. (a) This section
2-13 applies to a permit issued under Chapter 382, Health and Safety
2-14 Code.
2-15 (b) If permits for two or more facilities are consolidated
2-16 into a single permit under Section 382.0511, Health and Safety
2-17 Code, and the consolidated permit is reopened for consideration of
2-18 an amendment relating to one facility covered by the permit, the
2-19 permit is not considered reopened with respect to another facility
2-20 covered by the permit unless Chapter 382, Health and Safety Code,
2-21 specifically authorizes or requires that the permit be reopened
2-22 with respect to that facility in order to protect the public's
2-23 health or property.
2-24 (c) Unless otherwise provided by those sections, Sections
2-25 382.0511, 382.0512, 382.0518, 382.056, 382.0591, and 382.062,
3-1 Health and Safety Code, apply to an application to amend a permit.
3-2 (d) The commission may issue a permit for the modification
3-3 of an existing facility as defined by Section 382.003, Health and
3-4 Safety Code.
3-5 (e) Unless otherwise provided by those sections, Sections
3-6 382.051, 382.0511, 382.0512, 382.0518, 382.052, 382.0541, 382.0542,
3-7 382.056, 382.0563, 382.057, 382.059, and 382.062, Health and Safety
3-8 Code, apply to the modification of an existing facility.
3-9 Sec. 5.404. WATER POLLUTION PERMITS. (a) This section
3-10 applies to a permit issued by the commission under Chapter 26.
3-11 (b) The commission on application of a permit holder may
3-12 amend a permit.
3-13 (c) An application must contain:
3-14 (1) if the applicant is an individual:
3-15 (A) the applicant's full legal name and date of
3-16 birth;
3-17 (B) the street address of the applicant's place
3-18 of residence;
3-19 (C) the identifying number from the applicant's
3-20 driver's license or personal identification certificate issued by
3-21 the state or country in which the applicant resides;
3-22 (D) the applicant's sex; and
3-23 (E) any assumed business or professional name of
3-24 the applicant filed under Chapter 36, Business & Commerce Code; and
3-25 (2) any other information reasonably required by the
4-1 commission.
4-2 (d) The commission may set for consideration an application
4-3 to amend a permit to improve the quality of waste authorized to be
4-4 discharged and act on the application at a regular meeting without
4-5 holding a public hearing if the applicant:
4-6 (1) does not seek to increase significantly the
4-7 quantity of waste authorized to be discharged; or
4-8 (2) change materially the pattern or place of
4-9 discharge.
4-10 (e) Not later than the 11th day before the date of a meeting
4-11 described by Subsection (d), the commission shall mail notice of
4-12 the application to:
4-13 (1) the mayor and health authorities for the
4-14 municipality, if any, in which the waste is or will be discharged;
4-15 and
4-16 (2) the county judge and health authorities for the
4-17 county in which the waste is or will be discharged.
4-18 (f) The officials described by Subsection (e) may present
4-19 information to the commission at a meeting described by Subsection
4-20 (d).
4-21 (g) Unless those sections provide otherwise, Sections
4-22 26.027, 26.028, 26.0281, 26.0282, 26.0283, 26.029, and 26.048 apply
4-23 to an application to amend a permit.
4-24 Sec. 5.405. RADIOACTIVE WASTE PROCESSING OR DISPOSAL
4-25 LICENSES. (a) This section applies to a license issued by the
5-1 commission under Chapter 401, Health and Safety Code.
5-2 (b) An amendment to a license may take effect immediately.
5-3 (c) The commission shall:
5-4 (1) publish notice of the proposed amendment:
5-5 (A) in the Texas Register; and
5-6 (B) in a newspaper of general circulation in the
5-7 county in which the licensed activity is located; and
5-8 (2) give notice to any person who has requested to
5-9 receive notice of the proposed amendment.
5-10 (d) Notice under Subsection (c) must include:
5-11 (1) the name of the license holder;
5-12 (2) a description of the license; and
5-13 (3) a short and plain statement of the proposed
5-14 amendment's substance.
5-15 (e) The commission shall hold a hearing on the amendment if
5-16 an affected person files a written complaint with the commission
5-17 not later than the 30th day after the date on which notice is
5-18 published under Subsection (c). The commission shall give notice
5-19 of the hearing under Section 401.114, Health and Safety Code.
5-20 (f) Sections 401.107 and 401.118, Health and Safety Code,
5-21 apply to an application to modify a license.
5-22 SECTION 2. Section 26.028, Water Code, is amended to read as
5-23 follows:
5-24 Sec. 26.028. ACTION ON APPLICATION. (a) Except as provided
5-25 in Section 5.404(d) and Subsection [Subsections] (b) [and (c)] of
6-1 this section, notice shall be given to the persons who in the
6-2 judgment of the commission may be affected by an application for a
6-3 permit, permit amendment, or renewal of a permit. For any
6-4 application involving an average daily discharge of five million
6-5 gallons or more, the notice shall be given not later than 20 days
6-6 before the date on which the commission acts on the application, to
6-7 each county judge in the county or counties located within 100
6-8 statute miles of the point of discharge who have requested in
6-9 writing that the commission give that notice and through which
6-10 water, into or adjacent to which waste or pollutants are to be
6-11 discharged under the permit, flows after the discharge. The
6-12 commission, on the motion of a commissioner, or on the request of
6-13 the executive director or any affected person, shall hold a public
6-14 hearing on the application for a permit, permit amendment, or
6-15 renewal of a permit.
6-16 (b) [An application to amend a permit to improve the quality
6-17 of waste authorized to be discharged may be set for consideration
6-18 and may be acted on by the commission at a regular meeting without
6-19 the necessity of holding a public hearing if the applicant does not
6-20 seek to increase significantly the quantity of waste authorized to
6-21 be discharged or change materially the pattern or place of
6-22 discharge. Notice of the application shall be mailed to the mayor
6-23 and health authorities for the city or town, and the county judge
6-24 and health authorities for the county, in which the waste is or
6-25 will be discharged, at least 10 days before the commission meeting,
7-1 and they may present information to the commission on the
7-2 application.]
7-3 [(c)] An application to renew a permit for a confined animal
7-4 feeding operation which was issued between July 1, 1974, and
7-5 December 31, 1977, may be set for consideration and may be acted on
7-6 by the commission at a regular meeting without the necessity of
7-7 holding a public hearing if the applicant does not seek to
7-8 discharge into or adjacent to water in the state and does not seek
7-9 to change materially the pattern or place of disposal.
7-10 (c) [(d)] For the purposes of Subsection (a), the commission
7-11 may act on the application without holding a public hearing if all
7-12 of the following conditions are met:
7-13 (1) not less than 30 days before the date of action on
7-14 the application by the commission, the applicant has published the
7-15 commission's notice of the application at least once in a newspaper
7-16 regularly published or circulated within each county where the
7-17 proposed facility or discharge is located and in each county
7-18 affected by the discharge;
7-19 (2) not less than 30 days before the date of action on
7-20 the application by the commission, the applicant has served or
7-21 mailed the commission's notice of the application to persons who in
7-22 the judgment of the commission may be affected, including the
7-23 county judges as required by Subsection (a) of this section. As
7-24 part of his application the applicant shall submit an affidavit
7-25 which lists the names and addresses of the persons who may be
8-1 affected by the application and includes the source of the list;
8-2 (3) within 30 days after the date of the newspaper
8-3 publication of the commission's notice, neither a commissioner, the
8-4 executive director, nor an affected person who objects to the
8-5 application has requested a public hearing.
8-6 SECTION 3. Subsection (e), Section 382.0511, and Section
8-7 401.116, Health and Safety Code, are repealed.
8-8 SECTION 4. This Act takes effect September 1, 1997.
8-9 SECTION 5. The importance of this legislation and the
8-10 crowded condition of the calendars in both houses create an
8-11 emergency and an imperative public necessity that the
8-12 constitutional rule requiring bills to be read on three several
8-13 days in each house be suspended, and this rule is hereby suspended.